Sodomy II: Anwar fails again in bid to recuse judge

KUALA LUMPUR: The High Court has dismissed Datuk Seri Anwar Ibrahim's application for Justice Mohd Zabidin Mohd Diah to recuse himself from hearing the Opposition leader's ongoing sodomy trial.
In a very brief judgment Monday, Justice Mohd Zabidin said he dismissed the application as he found no merit in it.
Anwar's lawyer Karpal Singh then applied for a stay of the trial pending their appeal at the Court of Appeal, which was granted.
The court then fixed July 13 for mention of the case.
Earlier, on the application, Karpal submitted that the court had misdirected itself on the standard of proof required at the close of the prosecution's case.
He said that the court, in accepting complainant Mohd Saiful Bukhari Azlan's evidence as conclusive, would mean that the court was accepting it as "irrefutable evidence".
"What constitutes a prima facie case? Evidence at the prima facie case must not be conclusive.
"In our case, there is evidence of prejudgment and bias. We pray this application be allowed," he said.
Solicitor-General II Datuk Mohd Yusof Zainal Abiden instead argued that Anwar had based his application only one one paragraph out of the entire judgment, which was 120-paragraphs long.
He also said that the one paragraph, in which Justice Mohd Zabidin had ruled on May 16 that he found Mohd Saiful's "evidence reliable, and if accepted, would establish all the facts required to prove the charge against the accused", had been taken out of context and read in isolation from the rest of the judgment.
Last Thursday, Anwar filed the application for Justice Mohd Zabidin to recuse himself, claiming that the judge was biased against him and that the judge had "pre-judged the case" when he ruled that he found Mohd Saiful to be a truthful witness.
This is the third time Anwar is applying to disqualify the judge in his trial.
On Aug 7, 2008, Anwar claimed trial to performing carnal intercourse against the order of nature on Mohd Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.01pm and 4.30pm on June 26, 2008.
He is charged under Section 377B of the Penal Code and faces up to 20 years jail and whipping.
On May 16, Anwar was ordered by the High Court to enter his defence.

tunku : OMG.how long will this case take to settle ?this sodomizer keep buying time.now he appeal and the case will be mentioned july 13. we want this case to be heard asap and get it going.why is this sodomizer so special? he's getting all the vip treatment.please treat him as an ordinary peorson only.we want justice here.